MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 14, 2024
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on May 14, 2024 at 6:37 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Trujillo presiding.
PRESENT: Council Members:
Mario Trujillo
Hector Sosa
Claudia M. Frometa
Horacio Ortiz
Dorothy Pemberton
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
Scott Loughner, Interim Police Chief
Anthony Hildebrand, Assistant Fire Chief
Matthew Baumgardner, Public Works Director
James McQueen, Human Resources Director
Irma Huitron, Community Development Director
Stephen Hannah, Finance Director
Monica Ortiz, Recreation Manager
M. Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Father Sam Ward, St. Raymond Catholic Church. The Pledge of Allegiance was led by Boy Scout Troop 441.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Ortiz welcomed the audience to the meeting and shared that he attended the 3rd Youth Academy Graduation, the Special Needs Awareness and Resource Fair, and the Downey Unified School District Mariachi Music Festival. He reported attending the "Every 15 Minutes" crash simulation, the 30th Annual Downey Street Fair, and the Kids with Cops event at Sussman Middle School.
Council Member Frometa welcomed the audience to the meeting and acknowledged all the Mothers in the audience hoping they had a wonderful Mother's Day weekend.
Mayor Pro Tern Sosa welcomed the audience to the meeting and reported attending the 30th Annual Downey Street Fair, praising the Downey Collective and the Downey Chamber of Commerce for organizing a successful community event. He also reported attending a Los Angeles County Sanitation hearing. He commented on a report he obtained following his request at the last Council meeting regarding an audit of Los Angeles Homeless Services Authority's (LAHSA) homeless efforts in Los Angeles. Citing findings from the City of Los Angeles Controller's Office. He highlighted significant data issues such as inconsistent participant tracking, low bed utilization rates, and unreliable systems for monitoring shelter bed availability. He expressed concern over the inefficiency and lack of accurate data, making it difficult to assess how homelessness is being addressed. He pointed out that in Fiscal Year 2022-23, LAHSA received $845 million in revenue, yet homelessness appears to be worsening. He criticized Measure H, which was adopted in 2017 to combat homelessness in Los Angeles County, noting that although Downey residents generate about $5.5 million annually for Measure H, the City of Downey City Council Minutes
Regular Meeting — May 14, 2024
has received zero dollars in return. He emphasized that Downey spends nearly $1 million annually on homeless outreach without County support. Mayor Pro Tern Sosa requested that staff obtain information from the County about how Measure H funds generated by the City of Downey are being spent. The request was seconded by Council Member Ortiz.
Council Member Pemberton welcomed attendees and recognized several observances in May, including Asian -American and Pacific Islander Heritage Month, Military Appreciation Month, and the International Holocaust Remembrance Day on May 6. She gave special acknowledgment to Downey resident Greg Welch for participating in the Run for the Wall motorcycle ride to Washington, D.C., in honor of POWs, those killed in action, and those currently serving. She requested that a proclamation for Military Appreciation Month be presented at the next Council meeting. She highlighted recent events including Carpenters Week, thanking Kathy Perez, Patty Rohrer, and their team for organizing it. She noted that Richard Carpenter attended the closing night and enjoyed the memorabilia display at the City Library. She reported attending the Rancho Los Amigos Amistad Gala, the Topgolf ribbon cutting in Montebello, and Student Government Week events with three participating high schools. She reported attending a Budget Subcommittee meeting and noted upcoming strategic fiscal planning with her Council colleagues. Council Member Pemberton congratulated the Rotary Club on their Anniversary Celebration and expressed appreciation for their donation of a clock that will be installed at the corner of 31 St. and Downey Ave. She requested increased patrolling on Suva St. during the day due to oversized commercial vehicles, which could stress the bridge beyond its weight limit. She announced that Southern California Edison (SCE) approved the installation of six lights on Bluff Rd., addressing safety concerns in that dark area. She suggested that Public Works research installing more solar -powered speed detector signs in areas with heavy traffic and speeding, noting they are effective in slowing drivers down.
Mayor Trujillo highlighted his visit to the White House for a Cinco de Mayo celebration hosted by President Biden and Dr. Biden. He expressed gratitude for the opportunity to represent the City of Downey and noted that he was able to give the President a City of Downey pin. While in Washington, D.C., he met with Congresswoman Sanchez and staff from Congresswoman Garcia's office to discuss federal funding, though he acknowledged limited funding availability this year. He visited the Capital during his trip. He congratulated Downey High School on their impactful "Every 15 Minutes" DUI simulation event and described it as a powerful message for seniors. Mayor Trujillo attended the Cesar Chavez Foundation Dinner in Whittier. He encouraged community members to support the YMCA in their ongoing fundraising efforts. He thanked Assemblywoman Pacheco for assisting with coordinating cleanup efforts by Caltrans at the entrances and exits of the 710 Freeway, particularly near Bell Gardens.
He emphasized Downey's unique position being bordered by four freeways and urged continued advocacy at the State level for priority attention on pollution, litter, and homelessness. He praised Lupita Infante for organizing the first mariachi festival at Downey High and commended her efforts to uplift Mexican culture. He mentioned other events he attended, including neighborhood watch meetings, the Downey Coordinating Council, Columbus High School events, the Alliant Pride Awards, the Community Family Guidance Center Dinner, and the Kiwanis Club's Annual Scholarship Dinner. He noted that the Kiwanis Foundation has awarded over $5 million in scholarships to Downey students, and shared that he personally benefited from the organization as a teen. Mayor Trujillo visited Warren High School's Trevor Project and LGBT student clubs to encourage inclusivity and affirm that anyone, regardless of identity, can achieve leadership roles in Downey. He invited the public to the upcoming Touch a Truck event, which will feature public safety vehicles and a Los Angeles County Sheriff's helicopter. He requested staff research beautifying Florence Ave. & Lakewood Blvd., Firestone Blvd. & Lakewood Blvd., and Firestone Blvd. & Downey Ave. and return to Council with an agenda item.
CITY MANAGER/STAFF MEMBER COMMENTS PRESENTATIONS
City Manager Bradley stated that there was a request to work with the Police Department on extra patrolling along Suva St., and confirmed that the Police Chief is already addressing the issue with trucks in the area. He acknowledged the request for a proclamation in honor of Military Appreciation Month at the next meeting and confirmed staff would move forward and requested a second. The request was seconded by Mayor Pro Tern Sosa.
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PRESENTATIONS
1. Mayor's Excellence Award to Dr. Xochitl Ortiz, Principal, Columbus High School.
2. Mayor's Excellence Award to Downey Arts Coalition.
3. Proclamation in honor of Municipal Clerk's Week, May 5 — 11, presented to City Clerk Alicia Duarte and staff.
4. Proclamation in honor of Public Service Recognition Week, May 5 — 11, presented to Matthew Baumgardner, Public Works Director.
5. Proclamation in honor National Police Week, May 12 — May 18, presented to Police Chief Scott Loughner.
RECESS/RECONVENED
Mayor Trujillo recessed the City Council meeting at 7:27 p.m. Mayor Trujillo reconvened the City Council with all Council Members present at 7:32 p.m.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT, ZONE CHANGE, SITE PLAN REVIEW, TENTATIVE TRACT
MAP, DENSITY BONUS, AND MITIGATED NEGATIVE DECLARATION REQUEST TO FACILITATE THE DEVELOPMENT OF A NEW 33-UNIT RESIDENTIAL TOWNHOME CONDOMINIUM DEVELOPMENT (PLN-23-00035): Community Development. 1) INTRODUCED AN ORDINANCE APPROVING A ZONE CHANGE DESIGNATION FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-3-0 (MULTIPLE -FAMILY RESIDENTIAL OWNERSHIP) FOR THE PROPERTY AT 7360 FOSTER BRIDGE BOULEVARD; 2) ADOPTED RESOLUTION NO. 24-8240, (1) APPROVED A GENERAL PLAN AMENDMENT FOR A 33-UNIT TOWNHOME PROJECT AT 7360 FOSTER BRIDGE
BOULEVARD THEREBY CHANGING THE GENERAL PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND (2)
ADOPTED A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT;
3) ADOPTED RESOLUTION NO. 24-8241, APPROVED A SITE PLAN REVIEW (PLN-23- 00035) AND A DENSITY BONUS APPLICATION THEREBY ALLOWING THE CONSTRUCTION OF A 33-UNIT RESIDENTIAL CONDOMINIUM OWNERSHIP TOWNHOME DEVELOPMENT LOCATED AT 7360 FOSTER BRIDGE BOULEVARD; AND,
4) ADOPTED RESOLUTION NO. 24-8242, APPROVED TENTATIVE TRACT MAP NO. 84168 (PLN-23-00035) FOR THE PROPERTY LOCATED AT 7360 FOSTER BRIDGE BOULEVARD (APN NO.: 6368-015-058)
Mayor Trujillo opened the Public Hearing at 7:40 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication, it was moved by Council Member Frometa, seconded by Council Member Ortiz, and carried 5-0, to receive and file the publication.
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Principal Planner Alfonso Hernandez provided the staff report for Item No.1. He presented a proposal for a 33-unit townhome project at 7360 Foster Bridge Blvd., submitted by applicant Steven Armanino. The project includes 30 units allowed under the Downey Municipal Code (DMC) plus three bonus units under State Density Bonus Law, which will be designated as moderate -income housing. To move forward, the application requires a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, and Environmental Review. The Planning Commission reviewed the project on April 17, 2024, resulting in a tie vote and no action, and revised it on May 1, 2024, when approval was recommended. The 1.35-acre site, currently occupied by a church built in 1959, is surrounded by residential, industrial, and non -conforming multi -family uses. Proposed changes would align with General Plan policies to expand housing options, support affordable housing, and encourage infill development.
The plan features four three-story Spanish -style buildings with unit sizes ranging from 1,188 to 1,792 square feet, each with three bedrooms, private outdoor space, and a two -car garage. Landscaping totals 7,766 square feet, with 71 parking spaces provided. Three units will be deed restricted as moderate - income for 55 years, with an in -lieu fee paid for the fractional unit. The applicant also seeks concessions and waivers, including reduced setbacks, slightly taller building heights, and density adjustments. To address privacy concerns, perimeter hedges and 11 tall trees will be planted along Foster Bridge Blvd.
Mr. Hernandez concluded his presentation with a Tentative Tract Map presentation and introduced Giancarlo Gandini to present the project's Traffic Impact Analysis.
Consultant Giancarlo Gandini presented a traffic impact analysis prepared under Los Angeles (L.A.) County guidelines using control delay and volume -to -capacity ratios to measure intersection and roadway performance. Existing traffic counts were documented at four intersections and nearby roadway segments, with Suva St. between Bluff Rd. and Guatemala Ave. operating at LOS C and D and one direction reaching LOS E during the evening peak. The proposed project is expected to generate about 158 net new daily trips, including 10 in the morning peak and 13 in the evening peak, which is about 1.3 percent of existing volumes. Future conditions were modeled by combining existing traffic, other developments, and project trips, and Mr. Gandini concluded the project would not substantially impact overall levels of service.
Principal Planner Hernandez explained the public noticing process, which included mailed and emailed notices, posted signs, and a community meeting. Public comments were received at Planning Commission meetings and through other channels, and both support and opposition are summarized in the staff report. He outlined traffic -related conditions of approval, such as "Keep Clear" markings, modifying the Suva St. driveway for right turns only, and installing emergency vehicle signal preemption devices. He presented alternative housing scenarios, noting that state laws could theoretically allow 39 to 79 units, though no plans have been submitted. For environmental review, a Mitigated Negative Declaration (MND) was prepared, concluding impacts could be reduced to less than significant levels.
Mitigation measures include protections for nesting birds, cultural and tribal resources, fossils, and hazardous materials, along with privacy hedges, light reduction, advance construction notices, and a temporary sound wall for noise mitigation.
Applicant Steve Armanino, joined by his design team, introduced Olson as a veteran infill housing developer with a strong record in customer service and community management. He compared alternatives allowed under state housing laws, including up to 52 units with ADUs or 71 affordable rentals under SB 4, to Olson's proposal for 33 for sale townhomes with full CEQA review, high onsite parking, and HOA oversight. Mr. Armanino detailed extensive community outreach, including 1,221 door knocks and a March meeting, which showed support for more for sale housing but raised concerns about traffic, parking, privacy, and safety. He explained how conditions and design revisions addressed these concerns, including a right turn only driveway, signal preemption, strict parking enforcement, 13 large privacy trees, window coverings, setbacks, and over 100 new trees. He highlighted project benefits such as $900,000 in new City revenue, contributions toward housing goals, and $35,000 in park fees for local improvements. Features include Spanish Colonial design, a gated entry, courtyard, pet area, and landscaping. He stated that the project balances growth with community concerns, offering 33 for sale homes with 71 parking spaces and no significant traffic impacts.
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Council Member Pemberton asked for clarification on the size of the box trees being planted for privacy. She noted there had been concerns that the trees might be 15-gallon and inquired whether they would be 24-inch or 36-inch box trees. She acknowledged that the trees are expected to reach a certain height at maturity but asked how long that would take. She inquired about the anticipated HOA fees and whether there was an estimate or map available. The applicant responded that the landscape plans would need to be checked for the tree sizes and that while the HOA fees had not been fully formulated, they were anticipated to be in the range of $300 to $400. Council Member Pemberton thanked the applicant.
Council Member Frometa stated she had no additional comments or questions and thanked the applicant and staff for their thorough presentations. She noted she was going to comment on the trees and inquire how long it would take for them to reach the desired size. Director Huitron responded that, according to the landscape plans, the trees facing Foster Bridge Blvd. include three types. There are four Brisbane Box trees designated as 36-inch box trees, which grow at a rate of two to three feet per year and reach a maximum height of 50 feet. The second type is six Pink Crepe Myrtle trees, proposed as 24- inch box trees, which grow at approximately two feet per year and reach a maximum height of 25 feet.
The third type is Golden Rain trees, designated as 36-inch box trees, which also grow at a rate of two feet per year and reach a maximum height of 40 feet.
Mayor Trujillo expressed concern regarding the type of trees selected for the project. He referenced a previous mistake made by the City in selecting trees along Lakewood Blvd. that caused significant sidewalk damage and led to costly repairs. He asked whether the proposed trees had been reviewed to ensure they would not cause similar issues by uprooting sidewalks in the future. Director Huitron responded by thanking the Mayor for the question and explained that as part of the City's plan review process, staff ensures that the public right-of-way is protected.
Mayor Pro Tern Sosa noted that the Planning Department had emphasized the importance of holding a community outreach meeting and asked why the Olson Group preferred door-to-door outreach instead. He questioned why the community meeting was held in Bell Gardens rather than in Downey. Mr.
Armanino responded that Olson's door-to-door outreach approach began during COVID when holding public meetings was not possible. They found that going door-to-door was extremely effective, allowing them to speak with more residents than would typically attend a community meeting. He added that many residents were more comfortable sharing feedback privately rather than in a public setting. Although Olson initially resisted the idea of a public meeting, believing their outreach method provided better feedback, they ultimately agreed to hold one a few weeks before the Planning Commission meeting at staff's request. He acknowledged the meeting was scheduled late and explained that the Bell Gardens Golf Clubhouse was selected due to its proximity to the project area.
Council Member Ortiz asked how much notice was given to residents for the community meeting and how the outreach was conducted. Mr. Armanino responded that for that particular meeting, notices were left at the local post office on Wednesday evening, with the hope that they would be delivered by Friday to provide at least 48 hours' notice. He acknowledged that several attendees reported receiving the notice on Saturday and apologized for that. Mr. Armanino explained that their initial preference was to conduct one-on-one outreach due to the greater number of residents they were able to engage. He stated that, in hindsight, they wished they had allowed more time to organize a larger community meeting but noted that the meeting still had reasonable attendance.
Mayor Pro Tern Sosa asked whether the proposed CC&Rs would require one car or two cars to be parked inside the garage.
Mr. Armanino responded that the requirement is for two cars to be parked inside, and that this is vigorously enforced. He explained that these are townhomes, except for the affordable units, and are expected to sell in the $700,000 range. He stated that buyers at that price point typically want a well - maintained and attractive community and would not tolerate residents using garages for storage while occupying guest parking spaces. He shared that in all Olson communities, the HOA has strict enforcement authority, including the ability to require residents to open their garages. If the garages are City Council Minutes
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not being used for parking, the HOA can issue fines. He noted that this enforcement policy has worked very well.
Mayor Pro Tern Sosa asked whether there is a proposed recreation room within the complex. Mr.
Armanino responded that there is not. He explained that this is due to a couple of reasons, including the size of the community and buyer preferences. Olson surveys every buyer and has found that most prefer not to pay for amenities such as a recreation room or pool in smaller communities. Instead, residents value gathering areas, personal patios, and balconies, which are included in the townhomes.
Council Member Ortiz stated he did have questions and acknowledged that the project was a beautiful one and that he appreciated the previous project at Village, which he felt was well done.
However, he expressed concern that the outreach for the current project had been taken for granted and emphasized that this should serve as a lesson on how to better engage with the community. He noted that the Council is present to listen to the community's needs and felt the approach taken was unfortunate.
He asked for clarification on the letters of support received, specifically whether they were from residents of the Island, people within the immediate area, or general Downey residents. Mr. Armanino explained that they received approximately 40 letters of support from residents of the Island and another 127 letters from residents in other areas of the City. In total, they spoke with 120 Island residents, of whom 90 expressed support for the project, while the others voiced concerns. Additionally, about 200 people listened to their presentation but did not provide an opinion either way.
Mayor Trujillo noted that Senate Bill 4, which takes effect soon, was passed after the Olson project began and asked what could stop the church from partnering with a developer to build 71 affordable units. Mr. Armanino explained that SB 4 was not in effect during initial discussions and that the property could have attracted a nonprofit developer for such a project. He said Olson secured the site before the bill became law. Mayor Trujillo warned that without Olson, the community could face a large rental -only development. Mr. Armanino agreed this was likely, citing the property's value and the church's urgency to sell. He estimated Olson's homes would sell in the mid to high $700,OOOs, with affordable units in the mid $300,OOOs. Mayor Trujillo also questioned community complaints about outreach, and Mr. Armanino said they learned the importance of public meetings in addition to one-on-one engagement.
Mayor Trujillo asked City Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk confirmed five written public comments were received.
Mayor Trujillo asked if there was anyone present who would like to comment regarding the Public Hearing item.
Ernesto Valle, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Brian Heyman, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Juan Martinez, resident, commented in opposition of the proposed 33- unit residential townhome condominium development.
Speaker No. 4, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Speaker No. 5, resident, commented in opposition of the proposed 33- unit residential townhome condominium development.
Speaker No. 6, resident, commented in support of the proposed 33- unit residential townhome condominium development.
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Michelle Martin, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Patricia, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Carlos, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Lee Squire, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Speaker No. 11, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Anthony Montes, resident, commented in support of the proposed 33- unit residential townhome condominium development.
Speaker No. 13, left the Council meeting before their time to speak.
Emmanuel Leon, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Ivan Guchon, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Jose Delgado, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Aaron McClendon, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Speaker No. 18, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Marcela Gomez, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Fred Sravuelta, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Rodolfo Cortez Barragan, non-resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Speaker No. 22, left the Council meeting before their time to speak.
Margarita Revuelta, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Alfred Calderon, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Diane Kimberley, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
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Carlos Gomez, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Speaker No. 27, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Angela, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Javier Granados, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Speaker No. 30, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Leticia Auseguera, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Speaker No. 32, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Edith, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Speaker No. 34, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Milly, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Scott Anderson, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Adrian, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Viridiana, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Sandy Medina, resident, commented in support of the proposed 33-unit residential townhome condominium development.
Rocio Duarte, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Jennifer Heredia, resident, commented in opposition of the proposed 33-unit residential townhome condominium development.
Having no further speakers, Mayor Trujillo closed public comment.
Mr. Armanino thanked the Mayor and Council, acknowledging traffic is a real issue but stating the project would have only a nominal impact. He noted that while some suggest 13 homes with ADUs, more realistic by -right alternatives range from 39 to 52 units, or even 71 under SIB 4. Olson, he explained, chose the more difficult entitlement path to allow for neighborhood and staff input, resulting in 11 added City Council Minutes
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measures to address concerns despite no CEQA impacts. He highlighted Olson's successful track record in Downey and across California, emphasizing their commitment to building a high -quality, well -managed community that offers both affordable and attainable homes.
It was moved by Council Member Pemberton, seconded by Council Member Frometa, and so ordered by the Mayor to close the public hearing at 9:55 p.m.
Council Member Pemberton stated she had thoroughly reviewed the project, including reports, site visits, and resident feedback. She emphasized that while Downey must plan for over 6,000 RHNA units, the Foster Bridge site is not part of the housing element and is zoned R-1 for 13 single-family homes. She compared the proposal to Olson's Village Walk, noting quality construction but serious parking issues. With 33-units and only five guest spaces, she warned of spillover parking, unenforceable garage use, and neighborhood strain. She argued the project offers little affordable housing since only three units are moderate -income, while most would be market -rate. Traffic congestion, construction impacts, and privacy concerns from three-story buildings were also highlighted. Council Member Pemberton criticized density waivers, reduced setbacks, and design compromises, calling the project too dense for the site. She suggested alternatives such as building the 13 permitted homes, relocating to another site, or reducing density to 20-25 units with more parking.
Mayor Pro Tern Sosa stated that the property will be sold as the church is leaving, and while there is a sense of community loss, something will inevitably be built on the site. He took the opportunity to commend Director Huitron and the Planning Department for their thorough analysis, noting that they spent hundreds if not thousands of hours on the project. He added that as Council Members, it is their duty to carefully review the extensive work prepared over the past year, and many of his concerns were addressed in the report. He specifically raised the issue of the potential for 71 units under SB 4, explaining that at first, he thought it might have been an intimidation tactic, and asked Ms. Huitron to provide clarification on that possibility. Director Huitron confirmed that the Mayor's earlier summary was accurate.
She explained that SB 4 developments must be proposed by either an institution of higher education or a religious organization, and the requirements set a very high bar. Between 80 and 100 percent of the units would have to be affordable, with at least 80 percent allocated to affordable housing on site, a portion allowed for higher income categories still within the affordable bracket, and some designated for site management. She further noted that developers would be required to pay prevailing wage, which is often cost prohibitive. Additionally, the ability to use SB 4 is limited to religious or educational institutions exercising their ministerial by -rights. Mayor Pro Tern Sosa stated that the speakers in favor of the project at the Council meeting provided more sound reasoning and backup information compared to those who spoke at the Planning Commission meetings, where some did not appear to understand why they were there. He expressed concern about the outreach tactics used by the Olson Group and questioned whether the lack of outreach was sufficient reason to decline the project. He acknowledged that the project appears to be a beautiful one and that Olson has a proven record of work in the City of Downey, but reiterated his concern about their outreach.
Council Member Frometa thanked Mr. Armanino for his presentation and City staff for the report, affirming that Council Members do thoroughly review reports before meetings. She noted that it was already past 10 p.m. and the Council was still discussing the first public hearing item, highlighting the importance of the issue. She reflected on Downey's history, recalling a time with fewer traffic problems and more single-family homes, and acknowledged that, like the rest of L.A. County, the City has continued to grow and change with more housing developments. She pointed out that a recent report showed Downey's median home price has increased by 41.8% in the past few years, now reaching $850,000, often for small fixer -uppers. While she recognized that townhome developments such as this one impact neighborhoods, she stressed they do not necessarily decrease property values. She addressed concerns about school overcrowding, clarifying that Downey Unified School District has actually faced declining enrollment and must bring in students from outside the City, a trend seen across the county where some schools have closed. Council Member Frometa stated that this project presents an opportunity to provide homeownership and wealth -building, with units priced in the mid-$700,OOOs and three units offered at City Council Minutes
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lower prices. She acknowledged that outreach could have been stronger but questioned whether that was enough reason to deny the project.
Council Member Ortiz stated that he came to the meeting with an open mind, prepared to listen to residents. He explained that while he thought he knew his position beforehand, hearing the concerns of residents and the outreach conducted by his Council colleague, which he trusted more than that of the developer, influenced his decision. He stated that the project may not be the right fit for this location and announced his opposition, noting that his own District faces similar challenges, particularly with parking.
He recalled hearing from residents who struggle to park near their homes or walk to them, and said this reinforced his responsibility to represent the people who elected him.
It was moved by Mayor Pro Tern Sosa, seconded by Council Member Frometa, and carried 3-2, with Council Member Pemberton and Council Member Ortiz voting no, to approve the recommended actions 1 through 4.
RECESS/RECONVENED
Mayor Trujillo recessed the City Council meeting at 10:19 p.m. Mayor Trujillo reconvened the City Council with all Council Members present at 10:32 p.m.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS Mayor Trujillo asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar, and Non -Agenda items. City Clerk Duarte confirmed five written public comments were received.
Mito Aviles, commented in opposition of a neutral flag policy.
Matt Inouye, commented in opposition of a neutral flag policy.
Patty Sharpe, commented in favor of a neutral flag policy.
Becky, commented in favor of a neutral flag policy.
Michael Wauschek, commented in support of a cease fire resolution.
Mayor Trujillo asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Lee Squire, resident, commented regarding to Holocaust Remembrance Day.
Speaker No. 2, commented in support of a neutral flag policy.
Brian Heyman, resident, commented in support of a neutral flag policy.
Speaker No. 4, resident, commented regarding holding a humanitarian aid march.
Speaker No. 5, resident, commented in support of a neutral flag policy.
Speaker No. 6, commented in support of a neutral flag policy.
Ivan Sulic, Field Deputy for L.A. County Supervisor Janice Hahn, commented in opposition of a neutral flag policy.
Speaker No. 8, commented in support of a neutral flag policy.
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Juan Martinez, resident, commented in support of a cease fire resolution.
Lily Karam, resident, commented in support of a cease fire resolution.
John Lacey, resident, commented in regards to local tax increases and the Rotary Club.
Speaker No. 12, commented in support of a cease fire resolution.
Speaker No. 13, commented in support of a cease fire resolution.
Rosanna, commented in support of a cease fire resolution.
Speaker No. 15, commented in support of a cease fire resolution.
Christopher Blumberg, commented in support of a cease fire resolution.
Cheyenna, resident, commented in support of a cease fire resolution.
Michelle Farina, resident, commented in support of a cease fire resolution.
Speaker No. 19, left the Council meeting before their time to speak.
Speaker No. 20, commented in support of a cease fire resolution.
Ida Dries, District Director for Assembly Member Blanca Pacheco, commented in opposition of a neutral flag policy.
Speaker No. 22, left the Council meeting before their time to speak.
Selma DeWake, resident, commented in support of a cease fire resolution.
Marina, resident, commented in support of a neutral flag policy.
Edward Saldivar, resident, commented in support of a neutral flag policy.
Michelle, commented in support of a neutral flag policy.
Andrew Anguiano, commented regarding SEAACA.
Aldo Macias Arellano, commented in opposition of a neutral flag policy.
Speaker No. 29, resident, commented in support of a neutral flag policy.
Jessica Parral, commented in support of a cease fire resolution.
Ernesto Valle, resident, commented regarding the City Council's motion regarding the proposed 33-unit residential townhome condominium development.
Janelle, commented in support of a cease fire resolution.
Speaker No. 33, commented in support of a cease fire resolution.
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Regular Meeting — May 14, 2024 11
Raul, resident, commented in support of a neutral flag policy.
Speaker No. 35, commented in support of a cease fire resolution.
Speaker No. 36, left the Council meeting before their time to speak.
Speaker No. 37, left the Council meeting before their time to speak.
Speaker No. 38, commented in support of a cease fire resolution.
Ian Jamison, commented in support of a cease fire resolution.
Fernando Islas, commented in support of a cease fire resolution.
Rodolfo Cortez Barragan, non-resident, commented in support of a cease fire resolution.
Speaker No. 42, left the Council meeting before their time to speak.
Speaker No. 43, left the Council meeting before their time to speak.
Joaquin Beltran, resident, commented in support of a cease fire resolution.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and so ordered by Mayor Trujillo, to close public comment.
CONSENT CALENDAR
It was moved by Council Member Frometa, seconded by Council Member Pemberton, and carried 5-0, to approve the Consent Calendar.
WARRANTS ISSUED: Warrant Nos. 377468 - 378054; Payroll Wire Nos. 30004456 - 30004459 & 30004461 - 30004463; EFT Nos. 13475 - 13536; Manual Wire Nos. 2507 - 2513; Cashier's Check number is 91183, in the total amount of $ $5,116,380.55: Finance.
APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT FOR
CONSTRUCTION BIDS FOR THE WESTERN AVENUE WATER SYSTEM IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 24-27, AND FINDING THE PROJECT EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15282(K): Public Works.
APPROVED THE PLANS AND SPECIFICATIONS, AND AUTHORIZED THE SOLICITATION
OF CONSTRUCTION BIDS FOR THE WESTERN AVENUE WATER SYSTEM IMPROVEMENTS, CIP NO. 24-27 AND FURTHER FINDING THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS CONTAINED IN CEQA UNDER SECTION 15282(K)
4. APPROVED WATER SYSTEM REPAIRS AT LAKEWOOD BOULEVARD AND 5T" STREET:
Public Works.
RATIFIED THE EMERGENCY PURCHASE ORDER WITH WILLIAMS PIPELINE CONTRACTORS, INC. FOR WATER SYSTEM REPAIRS AT LAKEWOOD BOULEVARD AND 5T" STREET IN THE AMOUNT OF $86,769
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Regular Meeting - May 14, 2024 12
5. APPROVED AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC. FOR REPLACEMENT OF THE HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM AT BARBARA J.
RILEY COMMUNITY AND SENIOR CENTER: Public Works.
1) APPROVED AN AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC. IN THE AMOUNT OF $572,694 FOR THE REPLACEMENT OF THE HVAC SYSTEM AT THE BARBARA J. RILEY COMMUNITY AND SENIOR CENTER; AND,
2) AUTHORIZED THE CITY MANAGER TO EXECUTE ALL AMENDMENTS TO THE
AGREEMENT
6. APPROVED A WIRELESS COMMUNICATIONS USE AND ACCESS AGREEMENT BETWEEN
THE INTERAGENCY COMMUNICATIONS INTEROPERABILITY SYSTEM AND THE CITY OF DOWNEY: Police.
APPROVED A FIVE-YEAR AGREEMENT BETWEEN THE INTERAGENCY
COMMUNICATIONS INTEROPERABILITY SYSTEM (ICI), A CALIFORNIA JOINT
POWERS AUTHORITY, AND THE CITY OF DOWNEY, FOR PURPOSES OF OPERATING
DOWNEY POLICE DEPARTMENT RADIO RESOURCES UPON THE ICI SYSTEM, COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2029 AT AN ANNUAL COST OF $79,600 FOR A TOTAL CONTRACT AMOUNT OF $397,500 OVER THE TERM OF THE
AGREEMENT
7. RENEWED A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES:
Public Works.
1) ADOPTED ORDINANCE NO. 24-1511, APPROVING THE RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES; AND, 2) AUTHORIZED THE MAYOR TO EXECUTE THE GENERAL SERVICES AGREEMENT
WITH THE COUNTY OF LOS ANGELES
8. APPROVED MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH TO PROVIDE MENTAL HEALTH CLINICIANS TO THE POLICE DEPARTMENT'S MENTAL EVALUATION TEAM: Police.
1) APPROVED THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS
ANGELES COUNTY DEPARTMENT OF MENTAL HEALTH AND THE CITY OF
DOWNEY TO PROVIDE MENTAL HEALTH CLINICIANS TO THE POLICE DEPARTMENT'S MENTAL EVALUATION TEAM; AND,
2) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH AND THE CITY OF DOWNEY TO PROVIDE
MENTAL HEALTH CLINICIANS TO THE POLICE DEPARTMENT'S MENTAL
EVALUATION TEAM
9. ACCEPTED A GRANT AWARD FROM HUMAN POTENTIAL, INC. TO PROVIDE BEHAVIORAL HEALTH MOBILE CRISIS AND NON -CRISIS SERVICES: Police.
1) ACCEPTED A GRANT AWARD FROM HUMAN POTENTIAL INC. IN THE AMOUNT OF $226,250 TO PROVIDE BEHAVIORAL HEALTH MOBILE CRISIS AND NON -CRISIS SERVICES; AND,
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Regular Meeting — May 14, 2024 13
2) INCREASED THE FISCAL YEAR 2023-2024 BUDGET BY $225,250 TO ACCOUNT
FOR THESE REVENUES AND ACCOMPANYING EXPENSES
10. CONSIDERED NEUTRAL FLAG POLICY: Administration.
DISCUSSED THE SUBJECT OF A NEUTRAL FLAG POLICY AND FLAGS TO BE
DISPLAYED ON CITY -OWNED AND CITY -MAINTAINED FLAGPOLES AS THOSE
DESIGNATED BY THE CITY COUNCIL
City Manager Bradley provided background information regarding Item No. 10 which was placed on the agenda at the Council's request during the April 9, 2024, Council meeting to allow discussion on establishing a neutral flag policy. He noted staff was available for any questions and deferred the matter to the Council for discussion
Mayor Pro Tern Sosa stated that the discussion of neutral flag policies was by no means an attempt to silence or spite anyone. He explained that since being elected, several members of the community had approached him requesting to raise various flags, including the Christian, Blue Lives Matter, Thin Blue Line, Red Line, and the Israeli flags. He noted that a couple of years ago, the City's large Greek community, which holds an annual Greek Food Festival, attempted to display Greek flags to promote the Greek Festival event but were instructed by the City the same day to remove the flags. He emphasized that it's not the role of elected officials to pick and choose which groups can fly their flags, but rather to govern on behalf of the residents of Downey. He expressed his opinion that only the American flag, the California State flag, the City flag, and the POW/MIA flag should be flown. He stated that unless there were other comments, he was ready to make a motion.
Council Member Ortiz asked when the proposed policy would take effect. City Attorney Funk responded that the timing would be up to the City Council, noting that if a change were directed to be made, the Council would decide when it would become effective.
Council Member Pemberton stated that residents have expressed support for continuing with the existing display of the United States flag, the California State flag, the POW MIA flag, and the City flag, which aligns with the policies of most municipalities. She explained that while the new commemorative flag referenced in Resolution Number Two creates subjectivity by requiring Council Members to decide which flags to allow or deny, a neutral flag policy would avoid such situations. She emphasized the importance of neutrality and supporting the flags that represent shared commonality: the country, the state, and the City. She recalled that years ago, the school district faced a situation where allowing banners for fundraising led to a dispute over a flag that ultimately went to the Supreme Court, and she expressed concern about adopting policies that could result in similar challenges.
Council Member Ortiz stated that he agreed the Council should focus on serving constituents on issues such as streets, lighting, and businesses, rather than conflicts occurring outside the City's limits.
However, he emphasized that the previous flag policy adopted by a past administration represented a new form of acceptance for the City and helped pave the way for Downey's united sense of community.
He expressed concern that altering or rescinding the policy would feel like taking a step backward rather than forward, as the policy had become symbolic of that progress. Council Member Ortiz warned that if the policy were repealed, the issue would likely resurface repeatedly with future administrations, requiring additional staff time and public comment. He stated that he strongly believed the Council should maintain the policy to prevent it from becoming a recurring issue.
Mayor Pro Tem Sosa stated that while he has LGBTQ family and friends who care deeply about the issue, he believes it is not the role of elected officials to pick and choose which groups are represented City Council Minutes
Regular Meeting - May 14, 2024 14
by flying their flags. He said the policy should remain simple, fair, and straightforward, allowing only the four flags that are flown permanently. He made a motion to approve a neutral flag policy that bars any commemorative flags from being displayed on any city -owned and city -maintained flagpoles, and that this policy supersede all previous city policies on the matter. The motion received a second by Council Member Pemberton.
Mayor Trujillo asked for clarification on the definition of a commemorative flag, noting that the staff report and current policy define it as a flag symbolizing a historical event, cause, nation, or group, which technically includes the POW flag. He emphasized that while the policy designates the United States flag, the California flag, the POW flag, and the City of Downey flag as those permitted to be flown, it is unclear whether the POW flag should fall under the commemorative category. He stated that the motion appeared to be a direct attack on the Pride flag and clarified that he supported continuing to fly the POW flag. He expressed concern that the motion was prompted by Mass Resistance. He criticized the group's influence, pointing out the hypocrisy of using religious arguments while some members of such groups reject their own LGBTQ children. He stated this was a step backwards for Downey, which had been a leader in inclusivity when it first raised the Pride flag, sending a message of openness that resonated especially with youth. He recalled receiving an email from a student who had been kicked out of his home and found Downey to be a safe space because of the Pride flag. Mayor Trujillo stressed that the Pride flag was not about celebration but about the right to exist without persecution, citing higher suicide rates among LGBTQ youth due to rejection and ostracization. He said the City should be an ally to those who have faced discrimination and persecution, and removing the Pride flag undermines that commitment.
He warned that while Council Members may have LGBTQ family, voting for this policy would mean they are not viewed as allies. He contrasted Downey's stance with the White House, the County Board of Supervisors, and the Assembly, all of which support flying the Pride flag. He concluded that although some may be offended by the Pride flag, it represents safety, belonging, and protection for marginalized communities.
Council Member Frometa stated that the decision was not an attack on any one community, emphasizing that the American flag unites everyone regardless of race, color, or religion. She firmly disagreed with the Mayor's statement that the action was a direct attack on the LGBTQ community, calling that characterization untrue. She explained that the Council is elected to represent all residents, and noted that while some groups, such as Arabs and Latinos, have called for a ceasefire resolution, there are also Israelis and residents of Jewish descent who might wish for their flag to be flown. She stressed that the Council's role is to serve all residents and focus on the City's neighborhoods and economic well-being rather than taking sides on outside issues.
Council Member Frometa stated that City services, including fire and police, do not discriminate against anyone, and reiterated that the Council stands as allies to every community, including the LGBTQ community, because all people are created equal. She underscored that the Council's responsibility is to conduct the business of the people of Downey. She concluded by making it clear that the Mayor's statements were not accurate, and that, at least for herself, Council Member Pemberton, and Mayor Pro Tern Sosa, this decision was not intended as an attack on the LGBTQ community.
Mayor Pro Tern Sosa stated that his LGBTQ friends and family would still love him, emphasizing that the matter was solely about maintaining neutrality. He then asked to proceed with the vote.
Mayor Pro Tem Sosa made a motion to only fly the American flag, California state flag, and the POW flag, seconded by Council Member Pemberton. The motion was approved with 3-0, with Mayor Trujillo and Council Member Ortiz voting no.
11. CODE ENFORCEMENT PROGRAM UPDATE: Community Development.
DISCUSSED AN UPDATE REGARDING THE COMMUNITY DEVELOPMENT
DEPARTMENT - CODE ENFORCEMENT DIVISION'S ACCOMPLISHMENTS AND ITS PROACTIVE CODE ENFORCEMENT PROGRAM THAT BEGAN IN 2023.
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Director Huitron presented an update on the City's Code Enforcement Division, which is one of three divisions within the Community Development Department. She explained that the role of the Code Enforcement Division is to ensure compliance with the Downey Municipal Code, preserve neighborhoods, and promote business beautification while working in coordination with other City departments and outside agencies. She noted that the Division is now fully staffed following Council -approved augmentations in the past fiscal year and introduced the new team consisting of a Supervisor, a Senior Code Enforcement Officer, three new Code Enforcement Officers, two part-time Code Enforcement Officers, and an Administrative Clerk. She described the key components of the proactive Code Enforcement Division, beginning with an ongoing review of the Municipal Code to address zoning, property maintenance standards, vacant lots and buildings, and vendor enforcement, with the goal of bringing necessary amendments to the Council at future meetings. She emphasized the importance of education and outreach, noting that staff has hosted workshops, engaged with businesses, participated in community events such as Team Up to Clean Up, and developed outreach materials for residents, businesses, and apartment complexes. She discussed staff training and the use of data analysis to monitor progress, identify deficiencies, and evaluate enforcement impacts. Director Huitron reported that patrols and inspections have been expanded, with the Division moving toward seven-day coverage beginning in June, extended hours on Tuesdays, Fridays, and Saturdays, and flexibility to respond to hotspots and referrals from the Police Department. She detailed ongoing work with commercial shopping centers, highlighting regular engagement with property managers at locations such as Gateway Center, Downey Landing, Walmart, CVS centers, and others. Staff has collaborated with management teams on property maintenance plans addressing security, lighting, resurfacing, trash collection, pressure washing, and compliance timelines. She shared images of recent cleanups and property improvements, including graffiti removal, window signage reductions, landscaping, and trash enclosure maintenance. She further outlined proactive enforcement actions related to parks, commercial centers, and vacant properties, as well as encampment cleanups in the San Gabriel Riverbed, the Rio Hondo, and Union Pacific Railroad areas. She explained that Code Enforcement works closely with Public Works and the Police Department to coordinate weekly cleanups and install signage to assist with the swift removal of unattended belongings. She noted that vendor enforcement has been a focus, particularly during evenings and weekends, to prevent recurring violations.
Council Member Frometa raised a question about whether administrative citation amounts had recently been revised, expressing concern that fines such as $100 might not be sufficient to encourage compliance. City Manager Bradley responded that while most property maintenance citations remain at standard amounts, there may be differences for specific violations, though details could not be recalled at that moment. Director Huitron explained that reviewing citation amounts could be part of the broader Municipal Code update, and City Attorney Funk clarified that the Council has the discretion to set different penalty amounts for specific matters. Director Huitron concluded her presentation by reaffirming the division's commitment to proactive enforcement, education, and community partnerships in order to preserve neighborhoods and promote beautification throughout the City.
Council Member Pemberton asked whether Union Pacific Railroad responds quickly to issues or if it typically takes two to three weeks. Director Huitron responded that it does not take that long, explaining that staff now have direct phone numbers that allow them to address life and safety matters almost immediately. She noted that issues behind Aldi were resolved right away and that the area behind Downey Nissan on Firestone Blvd. was also cleaned within 24 hours.
Council Member Ortiz asked about the difference in Code Enforcement hours on Tuesdays compared to other weekdays. Director Huitron explained that Tuesday was specifically chosen for extended coverage in order to address vendor enforcement, noting that although it seemed unusual at first, staff observed that vendor activity often occurs during the week. She added that Friday is also a typical day for vendor enforcement, which is why extended hours were scheduled on those days.
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Council Member Frometa thanked Director Huitron for the report and requested that the City review the fines for citations, stating that she believed this was important. The request was seconded by Council Member Ortiz.
Mayor Trujillo requested that the City review the fines for citations, emphasizing its importance.
He commended staff for shifting toward a proactive approach rather than a reactive one, noting that when he first joined the Council, enforcement often felt reactive. He expressed support for canvassing neighborhoods and taking responsibility to identify issues before complaints arise. He specifically asked that Code Enforcement monitor lawns, facades, fascia boards, and lingering Christmas lights, and focus on homes that appear neglected. He stressed the importance of approaching these situations with the intent to help residents rather than being punitive, by offering warnings and connecting people to available programs. Mayor Trujillo said he would like to see more presence in neighborhoods to identify and assist homes in need, as he believes this will improve the community overall. He commended the City Manager and staff for their excellent work and stated that one of the Council's legacies would be moving from a reactive to a proactive model.
Mayor Pro Tern Sosa added that Downey Rotary and other groups such as Kiwanis could assist with projects in areas needing attention.
Mayor Trujillo responded that while community involvement is valuable, it should not be relied upon, as maintaining the City is the responsibility of the Council and staff. Mayor Pro Tern Sosa agreed, noting that nonprofit assistance should be considered a bonus.
ADJOURNMENT
Mayor Trujillo adjourned the Regular City Council Meeting — Open Session at 12:34 a.m. in memory of Jonathan Steward, 41, Los Angeles County Sheriff Deputy, who died while on duty at the South Los Angeles Sheriff's Station; Karyn Lombardo, 57, longtime Burbank Elementary School Teacher; Cathy Marcucci, Mayor Pro Tern, City of Industry who served on the City Council since 2017; and, Don Davis, former Downey Fire Chief and City Manager.
M R A A ICIA DUA TE,
City Clerk
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Regular Meeting — May 14, 2024 17
HECTOR SOSA
Mayor